Coming up for hearing: on 21st March 2023.
Application filed: on 01st November 2022.
Articles: 39 of the Treaty for the Establishment of the East Africa Community
Rules: 52 (1) & 84(1) of the East African Court of Justice Rules of Procedure, 2019.
Subject matter: Temporary Injunction
The Applicant in his supporting affidavit stated the reason for this Application comes after failure of or ineffectiveness of the exhaustion of the available local remedies available in his local jurisdiction after receiving frustrations through his case being unlawfully dismissed and was ordered for costs of the proceedings. The above allegations affect his legal practice of the Applicant as an Advocate and as a Human rights Defender.
The Applicant Peter Odiwuor Ngoge T/A O.P NGOGE & ASSOCIATES ADVOCATES is seeking an order that this Application be certified as extremely urgent and the same be heard electronically via video conference forthwith in the first instance on priority.
The Applicant further seeks an order that pending the hearing and determination of the Applicants Reference No. 44 of 2022 an order for interim mandatory injunction and Orders be issued forthwith to Restrain the High Court of Kenya at Nairobi in Milimani High Court Constitutional Petition No. 111 of 2018 from taxing and enforcing the Respondents Bill of Cost dated 14th July 2022 and/or from Taxing and herein in the matter as Ordered by the Hon. Lady Justice Hedwig Ongudi on the 19th May 2022 whose said decision is being challenged in Reference.
The Applicant finally seeks an order in the alternative, that the Execution Proceedings issued against the Applicant herein in Milimani HC. Petition No. 111 of 2022 be invalidated and/or stayed pending determination of the applicant’s Reference and that costs of this Application be approved.
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